STIPULATION AND [] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

RONALD M. WHYTE, District Judge.

Pursuant to Civil Local Rule 6-1, plaintiff Nancy Lanovaz, on behalf of herself and all others similarly situated, and defendant Twinings North America, Inc. ("Twinings") through their undersigned counsel, hereby stipulate as follows:

WHEREAS, this action was filed in this Court on May 23, 2012, Twinings filed a Motion to Dismiss the Complaint on August 31, 2012, Plaintiff filed an Amended Complaint on September 20, 2013, and Twinings filed a Motion to Dismiss the Amended Complaint on October 15, 2012;

WHERAS, the Court issued an Order Granting in Part and Denying in Part Defendant's Motion to Dismiss on February 25, 2013, and Plaintiff filed a Second Amended Complaint on March 19, 2013;

WHEREAS, Twinings intends to file a Motion to Dismiss the Second Amended Complaint on April 5, 2013 and will notice the hearing for May 10, 2013;

WHEREAS, the Court has scheduled the Case Management Conference for April 19, 2013 at 10:30 a.m.;

WHEREAS, the parties believe that this matter is not ready for an initial Case Management Conference given that the briefing on the Motion to Dismiss the Second Amended Complaint will not be completed by April 19, 2013;

WHEREAS, for the convenience of the parties and this Court, the parties respectfully request that the Case Management Conference should be continued to May 10, 2013, the date of the hearing on Defendant's motion, or to a later date after the Court has ruled on Defendant's motion because, until the pleadings are settled, it is premature to set dates for further proceedings;

IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that pursuant to Local Rule 6-1(b), the Case Management Conference shall be continued to May 10, 2013, or a later date to be determined by the Court.

[] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.